United States · United States Congress · 26 September 1991
National Park Service Concessions Policy Reform Act of 1991 - Repeals the Concessions Policy Act of 1965. Provides that such repeal shall not affect the validity of any contract entered into under such Act. Applies the provisions of this Act to such contract to the extent such provisions are inconsistent with the express terms and conditions of it. Directs the Secretary of the Interior to authorize, under specified conditions, private persons, corporations, or other entities to provide and operate such facilities and services in the National Park System. Requires a concessions contract to be awarded only through competitive bid procedures. Allows the Secretary to waive such procedures and award a temporary one in order to avoid interruption of services to the public at a park area. Establishes procedures with respect to processing such competitive bids. Prohibits the Secretary from granting a preferential right to a concessioner to: (1) provide new or additional services at a park area; or (2) renew concessions contracts under this Act. Sets forth a formula for determining franchise fees. Requires the Secretary to review and possibly to readjust the franchise fee at least every five years for concessions contracts with a duration in excess of seven years. Requires all franchise fees to be deposited in a special account in the Treasury for specified uses. Establishes a maximum: (1) ten-year duration for a concessions contract, with exceptions; and (2) two-year duration for a temporary one. Requires the approval of the Secretary before a concessions contract can be transferred, assigned, sold, or conveyed. Protects the possessory interest of concessioners: (1) who have commenced acquisition or construction of any structure on Federal land within a park area before the enactment of this Act, under certain circumstances; and (2) whose contract was entered into on or after the enactment of this Act, except that the actual value of such structure shall be that of the possessory interests as of the termination date of the previous concessions contract. Requires all concessions contracts entered into under this Act to make concessioners responsible for all utility costs incurred by them. Amends Federal law that authorizes the Secretary to provide utility services to concessioners on a reimbursement of appropriation basis. Places limitations on a concessioner's rates and charges to the public. Directs the Secretary to publish in the Federal Register regulations establishing standards and criteria for evaluating the performance of concessioners operating within park areas. Requires the Secretary to evaluate annually each concessioner operating under such contract to determine whether such concessioner has performed satisfactorily. Exempts contracts awarded by the Secretary under this Act from certain provisions of Federal law with respect to leasing of U.S. buildings and properties. Amends the Historical Sites, Buildings and Antiquities Act to repeal provisions authorizing the Secretary to grant concessioner contracts, leases, or permits without advertising and securing competitive bids.
United States · United States Congress · 24 September 1991
Civil Rights Act of 1991 - Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship; and (2) the rights protected by the amended provisions are protected against impairment by nongovernmental discrimination and impairment under color of State law. Allows compensatory and punitive damages for intentional employment discrimination on the basis of race, color, religion, sex, national origin, or disability, subject to certain exceptions, including when: (1) the complaining party may recover under provisions of Federal law relating to equal rights under the law; or (2) the covered entity, in a disability discrimination case, demonstrates good faith efforts to make a reasonable accommodation that would provide an equally effective opportunity and would not cause an undue hardship on the operation of the business. Allows such punitive damages under these provisions where there is malice or reckless indifference to the federally protected rights of an aggrieved individual. Prohibits compensatory damages under these provisions for back pay, interest on back pay, or any other type of relief authorized under specified provisions of the Civil Rights Act of 1964 relating to injunctions, affirmative action, or other equitable relief. Limits to specified dollar amounts, varying depending on the number of employees employed by an employer, the sum of compensatory (for specified types of losses) and punitive damages. Allows any party to demand a jury trial if the complaining party seeks compensatory or punitive damages. Prohibits the court from informing the jury of the dollar amount limitations. Allows the awarding of attorney's fees in connection with an action or proceeding to enforce these provisions. Amends the Civil Rights Act of 1964 to define "required by business necessity" to mean that the challenged practice must: (1) in the case of practices used as job qualifications or to measure the ability to perform the job, bear a manifest relationship to the employment; and (2) in the case of other practices, bear a manifest relationship to a legitimate business objective of the employer. Provides for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on an assertion that a particular employment practice or particular employment practices result in disparate impact. Declares it an unlawful employment practice for a respondent, in connection with employment or promotion selection or referral, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin. Declares that an unlawful employment practice is established when it is shown that a discriminatory basis was a motivating factor, even though other factors also motivated the practice. Allows, when such mixed motives have been proven and the respondent shows it would have taken the same action in the absence of the impermissible motivating factor, declaratory relief, limited types of injunctive relief, and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under the enforcement provisions of title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 Prohibits, in such cases, awarding damages or issuing certain types of orders. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions (challenging an order) by persons who had certain types of notice and opportunity. Includes U.S. citizens employed in a foreign country in the definition of "employee." Declares that it is not unlawful to take an action, with respect to an employee in a foreign country, which would otherwise be prohibited by certain unlawful employment practice provisions of such title, if compliance with those provisions would violate the law of the foreign country. Declares that: (1) any practice prohibited by such provisions engaged in by an employer who controls a corporation incorporated in a foreign country is presumed to be engaged in by the employer; and (2) those provisions do not apply to the foreign operations of a foreign employer which is not controlled by an American employee. Requires the Equal Employment Opportunity Commission (EEOC), with regard to rights and obligations under title VII or other laws, to carry out educational and outreach activities, including in languages other than English, targeted to: (1) individuals who have historically been victims of employment discrimination and who have not been equitably served by the EEOC; and (2) individuals on whose behalf the EEOC has authority to enforce any other law. Declares that an unlawful employment practice occurs, with respect to a seniority system that has been adopted for an intentionally discriminatory purpose, whether or not that purpose is apparent on the face of the system, when the system is adopted, when an individual becomes subject to the system, or when a person is injured by the application of the system. Allows expert fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Amends the Age Discrimination in Employment Act of 1967 (ADEA) to replace provisions providing for tolling of the statute of limitations for actions under the ADEA with provisions requiring the EEOC to give certain notice if it dismisses a charge or otherwise terminates proceedings. Allows a person to bring a civil action within a specified time limit. Prohibits construing certain amendments made by this Act to affect court-ordered remedies, affirmative action, or conciliation agreements that are in accordance with the law. Declares that: (1) the rights and protections under this Act, the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the Rehabilitation Act of 1973 shall apply with respect to employment by the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution, as incorporated into the Rules of the House of Representatives; and (2) the provisions of this Act relating to such Resolution and Rules are enacted as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under this Act and title VII of the Civil Rights Act of 1964 shall apply with respect to the conduct of each instrumentality of the Congress, with the chief official of each instrumentality establishing the remedies and procedures to be used. Makes such remedies and procedures exclusive. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the U.S. Botanic Garden. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts and provisions of Federal law amended by this Act.
United States · United States Congress · 2 August 1991
Nuclear Decommissioning Reserve Fund Act of 1991 - Amends the Internal Revenue Code to: (1) decrease the rate of tax imposed on the income of any Nuclear Decommissioning Reserve Fund from 34 percent to 22 percent for taxable years beginning after December 31, 1990, and before January 1, 1993, and to 20 percent for taxable years beginning after December 31, 1992; and (2) remove restrictions on permitted investments of Fund monies.
United States · United States Congress · 2 August 1991
James Madison - Bill of Rights Commemorative Coin Act - Directs the Secretary of the Treasury to issue: (1) five-dollar and half-dollar coins emblematic of the Bill of Rights; and (2) one-dollar silver coins emblematic of James Madison. Sets forth guidelines for their sale and issuance, and for financial assurances. Mandates that the surcharges received by the Secretary be transmitted to the James Madison Memorial Fellowship Trust Fund. Authorizes audits by the Comptroller General. Provides a general waiver of procurement regulations when implementing this Act. Requires the Secretary to submit monthly financial status reports to certain congressional committees.
United States · United States Congress · 2 August 1991
Designates the East Saint Louis extension of the Jefferson National Expansion Memorial. Repeals provisions requiring the Secretary of the Interior to approve the plan for the extension. Authorizes increased funding for the extension.
United States · United States Congress · 2 August 1991
Airline Competition Equity Act of 1991 - Prohibits the purchase, sale, lease, or transfer of slots at airports on or after August 1, 1991, except that: (1) one slot may be exchanged for another if there is no other consideration associated with the exchange; (2) slots may be transferred on or after such date as part of an overall or substantial transfer of assets of an air carrier; (3) slots at high density traffic airports may be transferred by a carrier that prior to August 1, 1991, filed for bankruptcy if the transfer is necessary to effectuate the sale of assets; and (4) slot leases entered into before August 1, 1991, may continue or be extended until 18 months after enactment of this Act. Directs the Administrator of the Federal Aviation Administration to establish by rulemaking a pool of slots for new entrant air carriers at high density traffic airports. Terminates such rule (as well as the existing "buy-sell rule") 18 months after enactment of this Act. Requires the Administrator to provide a specified certification to the Congress if, after such rule ceases to be effective, the Secretary of Transportation or the Administrator decides to issue a new rule for the allocation of such slots. Requires the Secretary to: (1) study the extent to which shuttle service provided by air carriers between LaGuardia National Airport to Boston and to Washington National Airport is of public interest to the northeastern United States; and (2) report to the Congress within 12 months after enactment of this Act on the results of such study, including recommendations. Amends the Federal Aviation Act of 1958 to authorize the Secretary of Transportation to approve the transfer of a foreign air transportation route certificate upon finding that the transfer: (1) does not adversely affect the long term viability of any carrier involved in the transfer; (2) will not increase economic concentration or otherwise adversely affect competition in the domestic airline industry; and (3) is in the public interest. Limits foreign investment in domestic air carriers to 25 percent of the voting interest, and no more than 25 percent of the equity, unless the Secretary authorizes a higher percentage (up to 49 percent of the voting interest or equity). Directs the Secretary to review any proposed transaction which would result in foreign ownership or control of air carriers of more than 25 percent. Sets forth criteria for approval of such ownership. Amends bankruptcy law to provide for the treatment of unexpired leases or executory contracts with airport operators under which the debtor has a right to the use or possession of an airport terminal, aircraft gate, or related facility. Authorizes airport operators, subject to guidelines and limits established by the Secretary, to modify agreements on the use of aircraft gates. Amends the Federal Trade Commission Act to remove the authority of the Federal Trade Commission over unfair methods of competition by certain air carriers and foreign air carriers. Amends the Federal Aviation Act of 1958 to require the Secretary of Transportation to ensure that computer reservation systems are available to all air carriers, ticket agents, and other persons on a nondiscriminatory basis. Prohibits air carriers (or affiliates) from operating such a system after March 1, 1992. Directs the Secretary of Transportation to issue an order authorizing a covered air carrier to develop an air transportation plan which protects airline ticket holders in the event it becomes a debtor in bankruptcy proceedings after the ticket purchase date. Provides that if satisfactory plans have not been submitted by a specified deadline, the Secretary must promulgate regulations requiring all covered air carriers to provide air transportation for such ticket holders.
United States · United States Congress · 31 July 1991
Expresses appreciation to William H. Webster on the occasion of his retirement for exceptionally distinguished service to the Federal judiciary, the Federal Bureau of Investigation, the Central Intelligence Agency, the national intelligence community, and the United States.
United States · United States Congress · 31 July 1991
Establishes a Joint Committee on the Organization of the Congress to: (1) make a full and complete study of the organization and operation of the Congress; and (2) recommend improvements in such organization and operation with a view toward strengthening its effectiveness, simplifying its operations, improving its relationships with other branches of the Government, and improving the orderly consideration of legislation. Requires a report to the Senate and the House of Representatives not later than the adjournment sine die of the 102d Congress.
United States · United States Congress · 30 July 1991
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on 1,2-dimethyl-3,5-diphenylpyrazolium methyl sulfate.
United States · United States Congress · 30 July 1991
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on oxalacetic acid diethyl ester sodium salt.
United States · United States Congress · 29 July 1991
Pipeline Safety Improvement Act of 1991 - Amends the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 (HLPSA) to authorize appropriations for FY 1992 through 1994 for implementation of Federal natural gas and hazardous liquids pipeline safety standards. Requires the Secretary of Transportation (Secretary) to define environmentally sensitive areas to include: (1) earthquake zones and areas subject to substantial ground movements such as landslides; (2) areas where ground water contamination would be likely in the event of a pipeline rupture; (3) freshwater lakes, rivers, and waterways; and (4) river deltas and other areas subject to soil erosion or subsidence from flooding or other water action where pipeline facilities are likely to become exposed or undermined. Makes the Secretary responsible for protection of the environment in issuing Federal pipeline safety standards. Requires pipeline operators to report to the Secretary any conditions that could have a significant adverse impact on the natural environment. Requires pipeline maps to include: (1) all pipeline facilities in environmentally sensitive areas, or in or immediately adjacent to cities, towns, or villages; and (2) all pipelines built before 1971. Amends the HLPSA to direct the Secretary to survey and assess the effectiveness of procedures, systems, and equipment used to detect and locate hazardous liquid pipeline ruptures and minimize product releases from pipeline facilities. Requires the Secretary, within 12 months after completing the survey, to issue regulations to establish standards and require procedures and equipment for the rapid detection and location of pipeline ruptures and shutdown of pipeline facilities located in or adjacent to environmentally sensitive areas and cities, towns, and villages. Amends the Natural Gas Pipeline Safety Act of 1968 to direct the Secretary to: (1) issue regulations requiring operators of natural gas distribution systems to install excess flow valves in new or renewed gas service lines; (2) evaluate the use of such valves to improve system safety; and (3) develop standards for the performance of excess flow valves used to protect service lines in natural gas distribution systems. Requires the Secretary to publish a notice as to the availability of industry guidelines for the replacement of cast iron pipelines. Directs the Secretary to ensure by rulemaking the safety of pipe owned by residential and small commercial non-operators of pipelines, including requirements that the distribution companies serving such customers assume responsibility for the operation and maintenance of such lines up to the outlet of the meter or the building wall, whichever is further downstream. Makes it unlawful for any person excavating with power-operated equipment to: (1) knowingly fail to use an appropriate one-call notification system to determine the location of underground pipeline facilities in the area being excavated; and (2) damage during such excavation a natural gas or hazardous liquid pipeline. Amends the Natural Gas Pipeline Safety Act of 1968 and the HLPSA to require the Secretary to establish procedures to notify the Occupational Safety and Health Administration of any natural gas and hazardous liquids pipeline accidents caused by excavation.
United States · United States Congress · 29 July 1991
900 Services Consumer Protection Act of 1991 - Requires the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) to initiate coordinated rulemaking proceedings to establish a consistent system for oversight and regulation of pay-per-call services in order to provide for the protection of consumers in accordance with this Act. Requires that the rules or regulations issued by the FTC require that a pay-per-call service: (1) describe the service and all charges in an introductory disclosure message; (2) enable the caller to hang up before the end of the introductory message without incurring any charge; (3) give repeat callers notice of any rate increases during the introductory message; (4) not be aimed at children under 12, unless it is an educational service; and (5) prohibit the use of a toll-free number under which a caller would be automatically connected to an access number for a pay-per-call service. Requires that the rules or regulations issued by the FCC include the following requirements for common carriers: (1) a common carrier which contracts with a provider of a pay-per-call service must make available on request a list of access numbers for each pay-per-call service it carries, a description of each service, a statement of charges, and other applicable information the FCC considers necessary; (2) a common carrier shall not disconnect a subscriber's local or long distance service because of nonpayment for any pay-per-call service; (3) a common carrier that provides local exchange service shall offer subscribers the option of blocking access to pay-per-call services; and (4) a common carrier that engages in billing and collection of charges for pay-per-call services shall offer subscribers the option of canceling charges for pay-per-call service in instances of unauthorized use or misunderstanding of such charges at the time of use, annually send to subscribers a specified disclosure statement, clearly separate pay-per-call services in any billing, have the right to recover the carrier's compliance costs, and stop the assessment of time-based charges upon disconnection by the caller. Requires the rules issued by the FTC to: (1) require any provider of a pay-per-call service to include in any advertisement specified information concerning charges; (2) require that whenever the number to be called is shown on television and print media advertisements the charges will be displayed clearly and conspicuously for the same duration that the number is displayed; (3) prohibit any pay-per-call service to emit tones during an advertisement that can automatically dial an access number; (4) require any telephone message soliciting calls to a pay-per-call service to clearly specify the charges; and (5) prohibit any person from advertising a toll-free telephone number from which a caller can or will be automatically connected to an access number for a pay-per-call number. Requires the FCC to consider adopting certain rules, including that a pay-per-call service: (1) automatically disconnect a caller after one full cycle of program; and (2) include a beep tone or other clear signal marking the passage of time. Specifies that nothing in this Act shall affect provisions of the Communications Act of 1934 concerning obscene or harassing phone calls. Sets forth provisions providing for enforcement of this Act, including: (1) criminal penalties and forfeiture penalties of the Communications Act of 1934; (2) penalties under the Federal Trade Commission Act; and (3) enforcement by States. Directs the FTC to conduct a study of and report to the Congress concerning the acquisition and use by pay-per-call providers of callers' telephone numbers.
United States · United States Congress · 29 July 1991
Recognizes and grants a Federal charter to the Military Order of the World Wars, a nonprofit corporation organized under the laws of the District of Columbia.
United States · United States Congress · 22 July 1991
Amends the Internal Revenue Code to allow farmers' cooperatives to elect to treat as ordinary income or loss certain capital gains and losses from the disposition of assets used in conducting business with or for patrons.
United States · United States Congress · 17 July 1991
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 1994, the duty on procaine penicillin G (sterile and nonsterile).
United States · United States Congress · 16 July 1991
Recognizes and grants a Federal charter to the Shepherd's Centers of America, Incorporated, a nonprofit corporation organized under the laws of the State of Missouri.
United States · United States Congress · 11 July 1991
Prohibits any Federal agency from entering into any contract with a foreign person unless: (1) such foreign person certifies to such agency that it does not comply with the Arab boycott of Israel; and (2) such agency has determined that such foreign person does not comply with such boycott.
United States · United States Congress · 11 July 1991
World Cup USA 1994 Commemorative Coin Act - Directs the Secretary of the Treasury to issue a specified number of five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins in commemoration of the 1994 World Cup and the unique appeal of soccer. Sets forth certain features of such coins and provides for their design, issuance, and sale. Requires that all sales include a surcharge of $35 per coin for the five-dollar coins, $7 per coin for the one-dollar coins, and $1 per coin for the half-dollar coins. Requires that all surcharges be paid to the Organizing Committee to organize and stage the 1994 World Cup. Requires that ten percent of such funds shall be made available through the U.S. Soccer Federation Foundation, Inc., for distribution to institutions for scholastic scholarships to qualified students.
United States · United States Congress · 28 June 1991
Limited Partnership Rollup Reform Act of 1991 - Amends the Securities and Exchange Act of 1934 to revise proxy solicitation rules with respect to partnership rollup transactions (in which general partners combine several limited partnerships into one unit that trades on a stock exchange). Requires any proxy rules prescribed by the Securities Exchange Commission (SEC) to: (1) permit dissenting shareholders in a proposed rollup to contact other limited partners before the transaction date without first having to file a written proxy statement with the SEC; (2) prohibit any general partner from paying directly or indirectly any person providing solicitation services (a broker-dealer) on the basis of whether the solicitations either approve or disapprove the proposed transaction, or the compensation is contingent on the transaction's approval or completion; (3) require the issuer to provide to a shareholder (limited partner) a list of all limited and general partners involved in the proposed rollup; (4) require the rollup prospectus to be clear, concise, and understandable and summarize all effects of the proposed transaction, conflicts of interest, changes in voting rights and ownership interests, dissenters' rights, and other pertinent information; (5) provide that the soliciting material describe in reasonable detail any opinion, appraisal, or report that is prepared by a person, unaffiliated with the general partner or sponsor and received by the entity subject to the transaction or its affiliates and that is related to the proposed transition; (6) require that each prospectus be accompanied by an independent opinion on the rollup's fairness; and (7) give each shareholder at least 60 days to review the prospectus; and (8) contain such other provisions as the SEC determines necessary. Requires the rules of a national securities association to prevent association members from participating in any rollup transaction unless it protects the rights of dissenting limited partners, including: (1) the right to an appraisal and compensation, or to retain a security under the same terms as the original issue; (2) the right not to have dissenters' voting power unfairly reduced or abridged; (3) the right not to bear the costs of a rejected rollup; and (4) restrictions on the conversion of management profit-sharing interests and incentive fees into asset-based management fees. Requires a national securities exchange to prohibit the listing of any security resulting from a rollup transaction unless it provided for such dissenters' rights. Requires SEC rules to prohibit any national market system from trading any security resulting from a rollup transaction unless it provided for such dissenters' rights.
United States · United States Congress · 27 June 1991
Civil Rights and Remedies Act of 1991 - Amends Federal law to allow compensatory and punitive damages for intentional employment discrimination on the basis of race, color, religion, sex, national origin, or disability, subject to certain exceptions, including when: (1) the complaining party may recover under provisions of Federal law relating to equal rights under the law; or (2) the covered entity, in a disability discrimination case, demonstrates good faith efforts to make a reasonable accommodation that would provide an equally effective opportunity and would not cause an undue hardship on the operation of the business. Allows such punitive damages under these provisions where there is malice or reckless indifference to the federally protected rights of an aggrieved individual. Prohibits compensatory damages under these provisions for back pay, interest on back pay, or any other type of relief authorized under specified provisions of the Civil Rights Act of 1964 relating to injunctions, affirmative action, or other equitable relief. Limits to specified dollar amounts, varying depending on the number of employees employed by an employer, the sum of compensatory (for specified types of losses) and punitive damages. Allows any party to demand a jury trial if the complaining party seeks compensatory or punitive damages. Prohibits the court from informing the jury of the dollar amount limitations. Allows the awarding of attorney's fees in connection with an action or proceeding to enforce the damages provisions of this Act. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of such instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the United States Botanic Garden.
United States · United States Congress · 27 June 1991
Equal Employment Opportunity Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on an assertion that a particular employment practice or particular employment practices result in disparate impact. Declares it an unlawful employment practice for a respondent, in connection with employment or promotion selection or referral, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment related tests on the basis of race, color, religion, sex, or national origin. Defines "required by business necessity" to mean that the challenged practice must: (1) in the case of practices used as job qualifications or to measure the ability to perform the job, bear a manifest relationship to the employment; and (2) in the case of other practices, bear a manifest relationship to a legitimate business objective of the employer. Declares that: (1) the rights and protections under the amendments made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 and the amendments made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under such title VII and the amendments made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of the instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Congressional Budget Office, the General Accounting Office, and the Office of Technology Assessment.
United States · United States Congress · 27 June 1991
Civil Rights Restoration Act of 1991 - Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship; and (2) the rights protected by the amended provisions are protected against impairment by nongovernmental discrimination and impairment under color of State law. Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to declare that an unlawful employment practice is established when it is shown that a discriminatory basis was a motivating factor, even though other factors also motivated the practice. Allows, when such mixed motives have been proven and the respondent shows it would have taken the same action in the absence of the impermissible motivating factor, declaratory relief, limited types of injunctive relief, and attorney's fees and costs demonstrated to be directly attributable only to the pursuit of a claim under the enforcement provisions of title VII. Prohibits, in such cases, awarding damages or issuing certain types of orders. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions (challenging an order) by persons who had certain types of notice and opportunity. Declares that an unlawful employment practice occurs when: (1) a seniority system is adopted, an individual becomes subject to a system, or a person aggrieved is injured by the application of a system or a part of a system; and (2) the system has been adopted for an intentionally discriminatory purpose, in violation of title VII, whether or not that discriminatory purpose is apparent on the face of the system. Allows expert fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Amends the Age Discrimination in Employment Act of 1967 (ADEA) to replace provisions providing for tolling of the statute of limitations for actions under the ADEA with provisions requiring the Equal Employment Opportunity Commission (EEOC) to give certain notice if it dismisses a charge or otherwise terminates proceedings. Sets forth time limits for bringing a civil action. Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to include U.S. citizens employed in a foreign country in the definition of "employee." Declares that it is not unlawful to take an action, with respect to an employee in a foreign country, which would otherwise be prohibited by certain unlawful employment practice provisions of such title, if compliance with those provisions would violate the law of the foreign country. Declares that: (1) any practice prohibited by such provisions engaged in by an employer who controls a corporation incorporated in a foreign country is presumed to be engaged in by the employer; and (2) those provisions do not apply to the foreign operations of a foreign employer which is not controlled by an American employee. Requires the EEOC, with regard to rights and obligations under title VII or other laws, to carry out educational and outreach activities, including in languages other than English, targeted to: (1) individuals who have historically been victims of employment discrimination and who have not been equitably served by the EEOC; and (2) individuals on whose behalf the EEOC has authority to enforce any other law. Prohibits construing the amendments made by this Act to affect court-ordered remedies, affirmative action, or conciliation agreements that are in accordance with the law. Declares that: (1) the rights and protections provided under specified provisions of Federal law (relating to equal rights under the law) and the amendments made by this Act apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), specified Federal law relating to equal rights under the law, and the amendments made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under title VII, the ADEA, such Federal law, and the amendments made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of such an instrumentality, with the chief official establishing the remedies and procedures to be used. Makes such remedies and procedures exclusive. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the U.S. Botanic Garden. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.
United States · United States Congress · 26 June 1991
Amends the Internal Revenue Code with respect to the corporate income tax exclusion of contributions to the capital of the taxpayer. Includes as a qualifying contribution any amount of money or property received by a regulated public utility (a utility required to provide electric energy, gas, water, or sewage disposal services) that: (1) is a contribution in aid of construction (as defined by regulations to be promulgated by the Secretary of the Treasury); (2) meets certain expenditure requirements; and (3) is not included in the taxpayer's rate base. Excludes amounts paid as customer connection fees.
United States · United States Congress · 25 June 1991
Employee Benefits Simplification and Expansion Act of 1991 - Title I: Nondiscrimination Provisions - Amends the Internal Revenue Code with respect to employee benefit plans. Redefines the term "highly compensated employee" for pension, profit sharing, and stock bonus plans, etc., purposes. Makes such employee one who is a five-percent owner or who has compensation from the employer in excess of $50,000. Provides a special rule where no employees are treated as highly compensated. Provides that the cost of living adjustment with respect to any calendar year is based on the increase in the applicable index as of the close of the calendar quarter ending September 30 of the preceding calendar year. Requires the rounding of such amounts to the nearest $1,000, except that elective deferrals and elective contributions to simplified employee pensions are to be rounded to the nearest $100. Allows an employer to determine an employee's compensation solely by reference to such employee's base pay. Provides that the minimum participation rule applies only to defined benefit pension plans. Requires such plans to benefit not less than 25 employees, or the greater of 40 percent of all employees or two employees (or if there is only one employee, such employee). Sets forth alternative methods of meeting nondiscrimination requirements for cash or deferred arrangements, including specified contribution and notice requirements. Sets forth alternative methods of satisfying the nondiscrimination test for matching contributions. Revises the method for distributing excess contributions to highly compensated employees. Title II: Distributions - Allows distributions from qualified pension plans to be rolled over tax-free to an individual retirement account or another qualified plan or annuity. Eliminates five-year forward averaging for lump-sum distributions from qualified plans. Requires certain tax-free distributions to be made in the form of a direct trustee-to-trustee transfer to an eligible individual retirement plan. Sets forth administrative requirements in making such distributions. Requires distributions to be made from qualified plans by April 1 of the calendar year following the later of: (1) the calendar year in which the employee attains age 70; or (2) the calendar year in which the employee retires. (Present law requires such distributions no later than April 1 of the calendar year following the calendar year in which the employee attains age 70 1/2.) Title III: Miscellaneous Provisions - Revises the definition of a leased employee to include one whose services are performed under the control of a service recipient, instead of one whose services are historically performed by employees. Replaces the 59 1/2- and 70 1/2-year age requirement with 59- and 70-year age requirements for specified pension plans. Eliminates the special aggregation rules that apply to plans maintained by owner-employees that do not apply to other qualified plans. Makes the 150 percent current liability limitation on the deduction allowed for employer contributions to qualified pension plans inapplicable to multi-employer plans. Repeals the present law annual valuation requirement for such plans and applies the prior law requirement that valuations be performed at least every three years. Sets forth affiliation requirements for employers jointly maintaining a voluntary employees' beneficiary association. Provides that compensation, in the case of a governmental plan, includes any amount which is contributed by the employer pursuant to a salary reduction agreement and which is not includible in the gross income of an employee under cafeteria plans, cash or deferred arrangements, tax-exempt organization or public school annuities, State or local government plans, or deferred compensation plans of State and local governments and tax-exempt organizations. Makes the following limitations inapplicable to plans maintained by State and local governments and certain tax-exempt organizations: (1) excess benefit limitations; (2) compensation limitation on benefits; and (3) limitations on disability and survivor benefits. Allows government plan employers to revoke the grandfather election on the limitation to equal accrued benefits. Modifies provisions relating to simplified employee pensions. Increases the number of allowable participants for salary reduction arrangements from 25 to 100. Allows participation after one year of service (currently, three years of service is required). Repeals the requirement that at least 50 percent of eligible employees participate in a salary reduction arrangement. Eliminates certain requirements regarding contributions on behalf of disabled employees. Allows rural cooperative plans which include cash or deferred arrangements to make distributions to participants after attainment of age 59. Includes reports of pension and annuity payments in information returns and payee statements. Eliminates reports of designated distributions from the scope of the $25 per day penalty. Provides a $10 reporting threshold for designated distributions. Makes tax-exempt organizations eligible for cash or deferred arrangement pension plans.
United States · United States Congress · 11 June 1991
Amends the Internal Revenue Code to provide for the treatment of rental and nonrental real estate activities under the limitations on losses from passive activities.
United States · United States Congress · 6 June 1991
Medical Injury Compensation Fairness Act of 1991 - Deems any person accepting or providing health care which is to be paid for, in whole or in part, directly or indirectly, with funds under the Social Security Act, the Public Health Service Act, or any other Federal Act to have agreed to participate in the dispute resolution program established under this Act. Makes such agreement binding and enforceable in court. Requires any claim against health care providers for personal injury arising from care rendered under such Acts that is not settled voluntarily by the parties to be resolved only through a resolution service certified under this Act. Requires liability to be determined under the standard of care prescribed by State law except that, in certain circumstances: (1) particular services must be rendered in accordance with medical practice guidelines certified under this Act; (2) expert witnesses must possess specified qualifications; or (3) an alternative method of compensation which has been certified under this Act is applicable. Limits noneconomic damages. Reduces awards for collateral source payments. Provides for periodic payment of certain amounts for future damages. Prohibits paying punitive damages to the claimant, requiring in certain circumstances that they be paid to the State. Requires, subject to exception, that charges by the resolution service be paid by the party against whom the claim is substantially resolved. Amends provisions of the Internal Revenue Code relating to trade or business expenses to prohibit deductions for employer health plan expenses unless the covered employees agree to mandatory and final dispute resolution through a service certified under this Act. Directs the Secretary of Health and Human Services to develop: (1) a standard notice to persons regarding their option to enter into agreements with health care providers to resolve claims in a manner consistent with this Act; and (2) a standard contract for such purposes. Requires health care providers, as a condition of eligibility for reimbursement under titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act, to make a good faith effort to enter into agreements with persons not subject to certain provisions of this Act to provide for the resolution of medical injury claims in a manner consistent with provisions of this Act. Deems contracts entered into in accordance with this provision to be binding and valid contracts in all courts. Directs the Secretary to promulgate: (1) regulations that establish the criteria and procedures to determine whether to certify an alternative dispute resolution service, allowing waiver of the criteria and procedures in certifying services sponsored by the States; and (2) regulations that establish the criteria for certifying medical practice guidelines and that establish the criteria for certifying alternative methods of compensating personal injuries and other losses without regard to provider fault. Declares that the procedures required by this Act are exclusive and prohibits any action seeking recovery for any personal injury covered by this Act in any State or Federal court, except as expressly provided in this Act. Provides that specified provisions of this Act apply to health care plans approved as part of collective bargaining agreements.
United States · United States Congress · 6 June 1991
Rural Tourism Development Foundation Act of 1991 - Establishes the Rural Tourism Development Foundation to promote travel and tourism by foreign visitors to rural America. Amends the International Travel Act of 1961 to authorize the Secretary of Commerce to assist the Foundation in the development and promotion of rural tourism. Authorizes appropriations.
United States · United States Congress · 6 June 1991
Amends title XIX (Medicaid) of the Social Security Act to revise the process under which the Secretary of Health and Human Services (HHS) may disallow a State's claim for Medicaid matching funds to: (1) give States the opportunity to come into compliance with Medicaid procedural requirements on a prospective basis before the Secretary may disallow the claim involved; (2) allow the HHS Appeals Board, if it upholds a disallowance, to reduce its amount; (3) prohibit disallowances if the State is in compliance with its HHS approved plan; (4) require interest to be paid to States by the Federal Government for disallowances for which they elected to repay, but were later overturned on appeal; and (5) prohibit disallowances three years after the filing of the State's claim.
United States · United States Congress · 4 June 1991
Civil Rights and Remedies Act of 1991 - Amends Federal law to allow compensatory damages and equitable civil penalty for intentional employment discrimination on the basis of religion, sex, national origin, or disability. Limits nonpecuniary compensatory damages and the civil penalty to specified dollar amounts, with higher limits for employers with over 100 employees. Prohibits prejudgment interest on compensatory damages. Allows the equitable penalty when there is malice or reckless indifference to the federally protected rights of an aggrieved individual. Requires, if such a penalty is imposed, awarding attorney's and expert witness fees. Prohibits subtracting those fees from the penalty. Allows a court to direct that the penalty be expended, in whole or in part, to correct discriminatory practices at the place of employment or in the community in which the discriminatory practice occurred, using the funds for actions such as public awareness or education programs. Requires that any amounts of the equitable penalty not directed to be used for such corrective actions be deposited in the Equal Employment Enforcement Trust Fund established by this Act. Allows any party, if compensatory damages are sought, to demand a jury trial. Amends the Internal Revenue Code to establish in the Treasury the Equal Employment Enforcement Trust Fund consisting of amounts equivalent to the equitable civil penalties under this Act not used to take corrective actions where the discriminatory practice occurred. Requires that, as provided in appropriations Acts: (1) half of the amounts in the Fund be available for carrying out enforcement provisions of the Civil Rights Act of 1964; and (2) half be available for carrying out specified provisions of the Family Violence Prevention and Services Act. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under the amendment made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of the instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the United States Botanic Garden.
United States · United States Congress · 4 June 1991
Equal Employment Opportunity Act of 1991 - Amends the Civil Rights Act of 1964 to provide for the burdens of proof which must be met by the various parties when an allegation of an unlawful employment practice is based on an assertion that a particular employment practice or group of employment practices results in disparate impact. Declares that the mere existence of a statistical imbalance is not alone sufficient to establish a prima facie case of employment discrimination. Prohibits construing these provisions to overrule any existing case concerning whether recovery is available under title VII (Equal Employment Opportunities) of the Act under a comparable worth theory. Declares it an unlawful employment practice for a respondent, in connection with employment or promotion selection or referral, to adjust the scores of, use different cutoff scores for, or otherwise alter the results of, employment-related tests on the basis of race, color, religion, sex, or national origin, except to comply with a court order aimed at remedying past discrimination. Defines "required by business necessity" to mean that the challenged practice must: (1) in the case of practices involving selection, bear a manifest relationship to requirements for effective job performance; and (2) in the case of other practices, bear a manifest relationship to a legitimate business objective of the employer. Declares that it is the intent of the Congress, in specified provisions of this Act, to codify the meaning of business necessity used in Griggs v.Duke Power Co. and overrule Wards Cove Packing Co. v. Antonio . Declares that: (1) the rights and protections under the amendments made by this Act shall apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under such title VII and the amendments made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted by the House as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under title VII and the amendments made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of the instrumentality, with the chief official establishing the remedies and procedures to be used. Defines instrumentalities of the Congress to include the Congressional Budget Office, the General Accounting Office, and the Office of Technology Assessment. Declares that: (1) nothing in this Act or the amendments made by this Act shall be construed to limit an employer in establishing job requirements that are otherwise lawful under title VII; (2) nothing in title VII or this Act shall be construed to require or encourage an employer to adopt hiring or promotion quotas or to prevent an employer from hiring the most effective individual for the job; and (3) nothing in the amendments made by this Act shall be construed to affect court-ordered remedies, voluntary employer actions for work force diversity, or affirmative action or conciliation agreements, that are otherwise in accordance with the law.
United States · United States Congress · 4 June 1991
Civil Rights Restoration Act of 1991 - Amends Federal law to declare that: (1) for purposes of provisions relating to equal rights under the law, the right to make and enforce contracts includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contracts; and (2) the rights protected by the amended provisions are protected against impairment by nongovernmental discrimination and impairment under color of State law. Amends title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964 to declare that an unlawful employment practice is established when it is shown that a discriminatory basis was a motivating factor, even though other factors also motivated the practice. Allows, when such mixed motives have been proven and the respondent shows it would have taken the same action in the absence of any discrimination, declaratory relief, limited types of injunctive relief, and attorney's fees and costs. Prohibits, in such cases, awarding damages or issuing certain types of orders. Provides for the finality of litigated or consent judgments or orders resolving an employment discrimination claim, barring actions: (1) challenging an order entered before enactment of this Act, by persons who had certain types of notice and opportunity; and (2) challenging an order entered after enactment of this Act, by an employee, former employee, or applicant who had certain types of notice and opportunity, and by other persons whose interests were adequately and completely represented by a similarly situated person. Declares that an unlawful employment practice occurs when: (1) a seniority system is adopted, an individual becomes subject to a system, or a person aggrieved is injured by the application of a system or a part of a system; and (2) the system is alleged to have been adopted for an intentionally discriminatory purpose, in violation of title VII, whether or not that discriminatory purpose is apparent on the face of the system. Allows expert fees to be included in attorney's fees awarded to the prevailing party in an employment discrimination case. Extends the time limit for an aggrieved employee or employment applicant to file a civil action after notice of final action by a department, agency, or unit of the Federal Government. Requires the same interest to compensate for delay in payment by the Government as in cases involving non-public parties. Amends the Age Discrimination in Employment Act of 1967 (ADEA) to replace provisions providing for tolling of the statute of limitations for actions under the ADEA with provisions requiring the Equal Employment Opportunity Commission (EEOC) to give certain notice if it dismisses a charge or otherwise terminates proceedings. Sets forth time limits for bringing a civil action. Declares that: (1) the rights and protections provided under specified provisions of Federal law (relating to equal rights under the law) and the amendments made by this Act apply with respect to any employee in an employment position in the Senate and any employing authority of the Senate, with enforcement and adjudication within the exclusive jurisdiction of the Senate; and (2) provisions of this Act setting forth related requirements and procedures are enacted by the Senate as an exercise of the rulemaking power of the Senate and may be changed as any other rule of the Senate. Declares that: (1) the rights and protections under title VII (Equal Employment Opportunities) of the Civil Rights Act of 1964, the ADEA, specified Federal law relating to equal rights under the law, and the amendments made by this Act shall apply with respect to any employee in an employment position in the House of Representatives and any employing authority of the House, with remedies and procedures as described in a specified House Resolution; and (2) the provisions of this Act relating to such Resolution are enacted as an exercise of the rulemaking power of the House and may be changed as any other rule of the House. Declares that the rights and protections under title VII, the ADEA, such Federal law, and the amendments made by this Act shall apply with respect to any employee in an employment position in an instrumentality of the Congress and any chief official of such an instrumentality, with the chief official establishing the remedies and procedures to be used. Makes such remedies and procedures exclusive. Defines instrumentalities of the Congress to include the Architect of the Capitol, the Congressional Budget Office, the General Accounting Office, the Government Printing Office, the Office of Technology Assessment, and the U.S. Botanic Garden. Encourages the use of alternative means of dispute resolution to resolve disputes arising under the Acts amended by this Act.
United States · United States Congress · 23 May 1991
Alternative Fuels Incentive Act of 1991 - Amends the Internal Revenue Code to allow a tax deduction for the costs of qualified clean-burning (natural gas, liquefied petroleum gas, or alcohol) motor vehicle fuel property or refueling property. Authorizes the Secretary of the Treasury to make equivalent payments to States and to local governments in connection with qualified property.
United States · United States Congress · 23 May 1991
AMERICA 2000 Excellence in Education Act - Title I: New American Schools - Authorizes financial assistance for creating New American Schools (NAS) in communities that have been designated AMERICA 2000 Communities (A2Cs). Provides that such NAS shall reflect the best thinking about teaching and learning, employ the highest-quality instructional materials and technologies, and be designed to meet the National Educational Goals as well as the particular needs of their students and communities. Directs the Secretary of Education (the Secretary) to reserve certain funds for a national program evaluation. Directs the Secretary to allocate the remaining funds among the States (and specified territories) in proportion to their respective numbers of members of Congress. Directs the Governor to nominate A2Cs to create NAS, for at least as many communities as there are members in the State's congressional delegation and at least one community in each congressional district of the State. Requires the Governor's nominations to be based on criteria established by the Secretary on the basis of expert panel advice, including: (1) the community's level of commitment and activity in the A2C initiative; (2) the community's schools' need for new and innovative educational programs; and (3) the quality of their application to the Governor. Sets forth conditions for the Secretary's approval, and for alternative nominations. Directs the Secretary to make NAS grants to selected agencies, organizations, and institutions on behalf of the selected communities. Limits any award to $1,000,000. Encourages grantees to adapt and implement one or more NAS designs developed by research and development teams funded by the NAS Development Corporation. Restricts use of such grant funds to certain special start-up costs associated with the creation and establishment of a NAS. Prohibits the use of such funds for construction or for the grantee's general administrative expenses. Requires each NAS to have obtained necessary State recognition or accreditation and to be fully operating by the start of the 1996-97 school year. Directs the Secretary, within 90 days, to convene an expert panel of educators, representatives of private business, and public representatives to advise on NAS program administration, including criteria for nomination of communities. Directs the Secretary to use reserved funds to conduct a national evaluation of NAS program impact on schools and communities and on education generally. Requires reports to the President and the Congress. Authorizes appropriations. Title II: Merit Schools - Authorizes appropriations for Merit School awards to reward public and private elementary and secondary schools and faculties that make documented progress in attaining the National Education Goals, particularly the goal of increasing students' mastery of the core academic subjects. Directs the Secretary to allocate specified funds among the States on the same basis as allocations for education of disadvantaged children under title I of the Elementary and Secondary Education Act of 1965 (the ESEA chapter 1 program). Requires Governors to submit State grant applications for a three-year period, which may be followed by an application for a two-year period. Makes specified provisions of the General Education Provisions Act (GEPA) inapplicable to this title. Specifies State use of funds for administrative costs (five percent) and Merit School awards (95 percent), with at least 20 percent of the latter earmarked for schools that demonstrate exceptional progress in improving students' performance in mathematics and science. Requires each Governor to: (1) establish a State review panel to assist in selection of Merit Schools; (2) submit annual program reports to the Secretary; and (3) apply specified national and State criteria in selecting schools. Requires each Merit School to use its award for activities to further its educational program, including staff bonus payments, college scholarships for secondary school students, special programs, equipment and materials, parental involvement, community outreach, and program replication. Prohibits State or local reduction of other assistance to the Merit School or its local educational agency. Title III: Teachers and School Leaders - Part A: Governor's Academies for Teachers - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate Governor's Academies for Teachers and to recognize outstanding teachers. Requires a Governor to use the State's grant to make competitive awards to the State educational agency (SEA), local education agencies (LEAs), institutions of higher education, and other public and private organizations or consortia, to establish and operate such Academies. Allows such Academies to be operated in cooperation or consortium with those of other States. Requires each Academy to conduct a program of intensive instruction for current elementary and secondary school teachers, during the summer or the school year, focusing on the core academic disciplines of English, mathematics, science, history, and geography. Directs the Governor to allocate to each Academy funds for a program of cash awards and recognition to outstanding teachers in the core academic subject or subjects covered by the Academy program. Requires Academies to select such teachers from nominations received from various groups. Limits any such award to $5,000, but allows the recipient to choose how to use it. Authorizes appropriations. Part B: Governors' Academies for School Leaders - Directs the Secretary to make a one-time, five-year grant to each State to establish and operate a Governor's Academy for School Leaders. Requires the Governor to make competitive awards to the SEA, LEAs, institutions of higher education, and other public and private organizations or consortia, to establish and operate such an Academy. Allows such academies to be operated in cooperation or consortium with those of other States. Directs each Academy to carry out specified activities relating to school leadership training and development. Authorizes appropriations. Part C: Alternative Certification of Teachers and Principals - Authorizes appropriations to assist States to develop and implement alternative certification requirements to improve the supply of well-qualified elementary and secondary school teachers and principals. Makes certain GEPA provisions inapplicable to this part. Requires States to use such funds to support programs, projects, or activities that develop and implement new, or expand and improve existing, alternative teacher and principal certification requirements. Authorizes States to do so directly, through contracts, or through subgrants to LEAs, intermediate educational agencies, institutions of higher education, or consortia of such agencies. Title IV: Educational Reform and Flexibility - Part A: Educational Reform Through Flexibility and Accountability - Amends the General Education Provisions Act (GEPA) to establish a program for flexibility and accountability in education and related services. Directs the Secretary to assist projects for elementary and secondary schools and other service providers to improve achievement of all students and other participants, but particularly disadvantaged individuals, by authorizing waivers by which Governors, SEAs, LEAs, and other service providers can improve performance of schools and programs by increasing their flexibility in use of resources while holding them accountable for achieving educational gains. Authorizes the Secretary, in support of such projects, to waive, with specified exceptions, any statutory or regulatory requirement applicable to any program administered by the Department of Education that may impede a school or service provider from meeting the special needs of such students and other individuals. Authorizes other Federal agency heads, with the Secretary's agreement, to make similar waivers for their programs. Limits duration of projects and associated waivers to a maximum of three years; but authorizes the Secretary to extend a project and any associated waivers for an additional two years if it is making substantial progress in meeting its goals. Requires the Secretary to terminate a project and its associated waivers at any time if acceptable progress is not being made. Grants other Federal agency heads authority to determine extension or termination of their waivers. Grants the Secretary exclusive authority to extend or terminate a project. Requires each project that involves elementary or secondary schools to include participation of an SEA and at least one LEA and two schools. Requires, to the extent possible, project participation by each grade and academic program, including ESEA chapter 1 programs, in a participating school. Prohibits unreasonable concentration of available resources in participating schools, if fewer than all schools in an LEA participate. Requires each project that does not involve elementary or secondary schools to involve at least two programs, at least one of which is administered by the Secretary. Prohibits waiver of requirements: (1) in awarding new competitive grants to agencies participating in such projects; (2) relating to maintenance of effort, comparability, or equitable participation of private school students; and (3) under specified provisions of GEPA, the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Individuals with Disabilities Education Act. Sets forth requirements for reports and evaluations. Provides for the budget neutrality of such program. Part B: Amendments to Chapter 2 - Amends chapter 2 (Federal, State, and Local Partnership for Educational Improvement) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 2) to provide that part A funding for educational reform and improvement shall be divided equally between State and local programs (50 percent to each, while the current allocation formula requires at least 80 percent to go to local programs and not more than 20 percent to State programs). Reduces the portions of such State-level funds which: (1) may be used for State administration (from 25 to ten percent); and (2) must be used for the effective schools programs (from 20 to eight percent). Revises State application requirements to require approval by the Governor before submission to the Secretary. Includes educational choice programs among local targeted assistance programs of SEAs and LEAs. Includes, among authorized activities of such programs, any activities or expenses directly related to planning, implementing, operating, evaluating, and disseminating information about the LEA's educational choice program, including expenses of parents and children resulting from their program participation. Title V: Parental Choice of Schools - Part A: Findings - Sets forth congressional findings relating to parental choice in education. Part B: Parental Choice and Chapter 1 - Amends chapter 1 Financal Assistance to Meet Special Educational Needs of Children) of title I of the Elementary and Secondary Education Act of 1965 (ESEA chapter 1) to provide for chapter 1 services for children participating in educational choice programs. Requires the LEA to provide such services in the form of: (1) supplementary compensatory education services; or (2) if that is not feasible or efficient, payment to parents of a per-child share of the LEA's basic chapter 1 grant. Allows parents to use such funds only for: (1) purchase of supplementary compensatory education services that meet the child's special educational needs from any elementary or secondary school, or any other public or private agency, organization, or institution that the LEA designates; and/or (2) transportation costs related to the child's participation in the choice program. Excludes such payments from the gross income of parents for Federal income tax purposes. Allows an LEA to use chapter 1 funds for the additional transportation costs of children receiving chapter 1 services who are in an educational choice program. Requires that LEAs with educational choice programs explain to parents of chapter 1 participating children: (1) the availability of compensatory education services under various available options; and (2) options available under the educational choice program and the chapter 1 program. Part C: Assistance for Parental Choice Programs - Directs the Secretary to make one-year grants to LEAs that carry out educational choice programs. Authorizes appropriations. Makes an LEA eligible for such a grant if it: (1) will carry out an educational choice program during the year for which assistance is sought; and (2) carried out such a program during the preceding year. Defines an educational choice program, as one adopted by a State or an LEA under which: (1) parents select the school, including private schools, in which their children will be enrolled; and (2) sufficient financial support is provided to enable a significant number or percentage of parents to enroll their children in a variety of schools and educational programs, including private schools. Requires LEAs to use grant funds only for student educational services and parental involvement activities in addition to those that would otherwise be provided from State or local funds. Prohibits use of grant funds for LEA general administrative expenses. Part D: Parental Choice Programs of National Significance - Directs the Secretary to make five-year grants to SEAs, LEAs, and other agencies, institutions, and organizations to conduct and demonstrate nationally significant model programs of educational choice. Authorizes appropriations. Directs the Secretary, in any fiscal year for which funds are available to make new awards, to announce the approaches to educational choice that will be considered in the competition for such funding. Requires grant recipients to use such funds only for activities directly related to planning, implementing, operating and evaluating, and disseminating information about, the educational choice demonstration program. Allows such funds to be used to meet expenses of parents and children resulting from their participation in such program. Title VI: National Assessment of Educational Progress - Amends the General Education Provisions Act (GEPA) to extend through FY 1996 the authorization of appropriations for the National Center for Educational Statistics and its programs, including the National Assessment of Educational Progress (NAEP). Requires the NAEP to collect representative data on a national and State basis for those States that choose to participate. Repeals a requirement for data collection on a regional basis. Requires the NAEP to collect and report data: (1) at least once every four years in the core academic areas of reading, writing, mathematics, science, history, and geography; and (2) annually on students at specified ages and in specified grade levels. (Current law varies such deadlines for the different academic subjects and sets a biennial deadline for the age and grade levels.) Removes a confidentiality restriction on NAEP information with respect to individual schools. Removes a prohibition against use of NAEP test items and data to rank, compare, or otherwise evaluate individual students, schools, or school districts. Requires States which choose to enter NAEP agreements to conduct such Assessment at the school level for all schools in the State sample and coordinate within the State, subject to a minimum State contribution of $100,000. Directs the Secretary to pay the State a certain amount for the costs of conducting such Assessment in excess of the minimum State contribution. Title VII: National Commission on Time, Study, Learning, and Teaching - Establishes a National Education Commission on Time, Study, Learning, and Teaching (the Commission). Requires the Commission to examine the quality and adequacy of the study and learning time of U.S. elementary and secondary students in an era when World Class Standards of achievement need to be met, including issues regarding: (1) the length of the school day and year; (2) the extent and role of homework; (3) how time is currently being used for academic subjects (especially the five core subjects of English, mathematics, science, history, and geography); (4) year-round professional opportunities for teachers; and (5) the use of school facilities for extended learning programs. Directs the Commission, within one year after it concludes its first meeting, to subject a final report to the Congress and the President. Requires such report, in addition to the primary issues, to analyze and make recommendations about: (1) use of incentives for students to increase educational achievement in available instructional time; (2) how children spend time outside school; and (3) if appropriate, a model plan for adopting a longer academic day and year for U.S. elementary and secondary schools by the end of this decade, including mechanisms to assist in such transition. Terminates the Commission 90 days after it submits its final report. Authorizes appropriations. Title VIII: Regional Literacy Resource Centers - Amends the Adult Education Act to direct the Secretary to make grants or contracts for operation of regional literacy resource centers in appropriate regions. Makes eligible for such grants or contracts SEAs, LEAs, State literacy offices, volunteer-organizations, community-based organizations, institutions of higher education, or other nonprofit entities. Provides that the Federal share of activity costs shall decline over a five-year period from a maximum of 80 percent to 60 percent. Authorizes appropriations. Title IX: General Provisions - Sets forth definitions for this Act. Makes specified provisions of Federal law permitting consolidation of grants to the Insular Areas inapplicable to funds received by such an area under this Act.
![Official portrait of Sen. Danforth, John C. [R-MO]](https://www.congress.gov/img/member/d000030_200.jpg)